Law360's Pro Say - News & Analysis on Law and the Legal Industry

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Ep. 192: The Hidden Evidence Scandal That Rocked SDNY Mar 19, 2021

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The Southern District of New York was rocked last year by a scandal involving the mishandling of crucial evidence by federal prosecutors who then repeatedly misled the court about the incident. The saga was laid bare in recently unsealed court documents, and Law360 senior reporter Jack Queen joins us this week to talk about the scandal and what it means for the nation’s premiere U.S. attorney’s office. Also this week: A former congresswoman’s “revenge porn” suit faces tough sledding in California, and Google stays embroiled in a legal fight over the limits of its incognito browsing mode. Plus: The NCAA picks a fight over its March Madness trademark, squaring off against...a vasectomy clinic?

Ep. 191: The Trial of Derek Chauvin Mar 12, 2021

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Jury selection began this week in the murder trial of Derek Chauvin, a Minneapolis police officer whose videotaped killing of George Floyd sparked nationwide protests over police brutality and a broader reckoning with racism. Law360 reporter Cara Bayles, who is covering the trial, joins us this week to give us an inside peek at the key players, jury selection and the legal questions at play in the closely-watched case. Also this week: Ugly accusations of racial bias related to the NFL concussion settlement, and criminal charges over cryptocurrency against antivirus pioneer John McAfee.

Ep. 190: Virus Cases Drop, But Court Cases Surge Mar 05, 2021

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Americans can see light at the end of the tunnel from the COVID-19 pandemic, but litigation stemming from the virus is just ramping up. On this week’s Pro Say, we talk you through the latest coronavirus court battles, from a class action filed by Walmart employees over virus screening to a dispute over courtroom access to a constitutional battle over eviction moratoriums. Also this week, a former Boies Schiller attorney gets quickly booted from his new firm, and one of the largest patent infringement verdicts in history lands in Texas.

Ep. 189: Hard Seltzer Heads To Court Feb 26, 2021

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As hard seltzers like White Claw continue to boom in popularity, two beer giants are now duking it out in federal court over the legality of a Corona-branded seltzer. This week we’re breaking down the case, hitting on intellectual property, mergers & acquisitions, antitrust, and our love of seltzer. Also this week: We’re joined by Law360 Supreme Court reporter Jimmy Hoover to explain a flurry of activity at the high court; a former BigLaw partner avoids disbarment over the Varsity Blues scandal; and a Utah theme park learns the hard way not to start bad blood with Taylor Swift.

Ep. 188: Citibank’s $900 Million Mistake Feb 19, 2021

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In August, Citibank accidentally paid $900 million to creditors of cosmetics giant Revlon, which a federal judge called "one of the biggest blunders in banking history.” Rubbing salt in the wound, the judge also ruled this week that the bank cannot reclaim the bulk of the erroneous payment. This week, the gang breaks down Citi’s embarrassing misstep and its unsuccessful bid to undo it in federal court. Also this week: Jones Day gets hit by a sweeping data breach that has much of BigLaw on guard; and Peloton muscles up against what it says is a “baseless” campaign to assert a trademark dominion over the term “spinning.” Finally, Zoom court misadventures continue to percolate as a California judge raps an attorney for not wearing a tie.

Ep. 187: Cat Lawyer: It’s Complicated Feb 12, 2021

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Time briefly stood still this week as the Internet became transfixed by the plight of Texas attorney Rod Ponton, whose face was trapped behind an expressive and panicked cat filter during a court hearing on Zoom. Mere hours later, the light-hearted mishap turned into a parable of contemporary online celebrity as allegations of serious prosecutorial misconduct surfaced against Ponton. This week’s show breaks down the video, its weighty aftermath, and the nature of fleeting digital fame. Also this week: Whole Foods prevails in a discrimination suit over its discipling of workers for wearing Black Lives Matter face masks, an insurer is accused of colluding to block COVID-19 business loss coverage, and advocacy groups sue an L.A. judge for requiring in-person hearings amid the pandemic.

Ep. 186: How To Avoid Hiring A Sexual Harasser Feb 05, 2021

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News broke this week that a former New York Mets manager had been accused of repeated sexual misconduct, marking the second time in as many weeks that the team pled ignorance about hiring an alleged harasser. On this week’s show, we’re chatting with Law360 employment beat reporter Amanda Ottaway about how companies can avoid hiring past abusers. Also this week: the latest legal and regulatory fallout from the GameStop stock debacle; an appeals court’s rebuke of a federal judge who exhibited bias in a discrimination case; and a questionable trademark lawsuit against Taylor Swift by a theme park called Evermore.

Ep. 185: The GameStop Lawsuits Have Already Started Jan 29, 2021

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The whole country is in a tizzy over GameStop — a floundering video game retailer whose stock went through the roof this week because an internet mob wanted to stick it to hedge funds. On this week’s show, we’re breaking it all down: The absurd backstory, the lawsuits that have already been filed, and the possibility of new financial regulations to come. In other news, Law360 reporter Jack Karp joins us to discuss how judges and courthouse workers have struggled to get access to vaccines. Also this week: The notable absence of Chief Justice John Roberts at the second impeachment trial of Donald Trump; and a court filing that would have the United States governed by the rules set out in the Lord of the Rings’ mythology.

Ep. 184: Biden Bonanza Jan 22, 2021

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Within hours of taking the oath of office on Wednesday, President Joe Biden signed a string of executive actions, ranging from the COVID-19 pandemic to climate change. On this week’s episode of Pro Say, we’re breaking them all down, before taking a deep dive into how the new administration will impact three key practice areas: environmental law, immigration law, and antitrust law. Finally, we conclude with a Pro Say history lesson on the evolution of the lawyer joke.

Ep. 183: The Legal Fallout From The Capitol Attack Jan 15, 2021

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A week after a mob stormed the U.S. Capitol, we’re talking about the consequences that are rapidly unfolding. Dozens of rioters have been charged with federal crimes, BigLaw powerhouses are urging the removal of the President, and tech giants are in court over efforts to fight the misinformation that fueled the attack. Also this week: We sit down with Law360 employment law whiz Anne Cullen to chat about a little-known statute that’s suddenly at play after COVID-fueled mass layoffs; and the election software company Dominion files a high-profile defamation lawsuit against a conservative lawyer who has made “wild” accusations about the 2020 election.

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